ATLANTA, Ga. — An injunction barring the enforcement of Florida’s drag-show ban will remain in effect after a federal appeals court ruled Tuesday that the law is likely unconstitutional.
What You Need To Know
- A federal appeals court in Atlanta backed a lower-court decision issuing an injunction against Florida's drag-show ban
- The three-judge panel said Florida's "Protection of Children" law said is overly broad and vaguely written
- The lawsuit was filed by former Orlando restaurant Hamburger Mary's in 2023
- The law seeks to punish venues for allowing children into what it called “adult live performances.”
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A three-judge panel for the 11th Circuit Court of Appeals voted 2-1 to back a lower-court decision that described Florida’s law, which supporters said was aimed at protecting children from drag shows, as overly broad and vaguely written. The case now returns to the Middle District of Florida, where a federal bench trial can be scheduled.
Attorney Melissa Stewart, who is representing Hamburger Mary’s, a drag-themed casual-dining restaurant, said her client is thrilled the First Amendment rights of Floridians will remain protected as the case continues.
“The Court’s opinion recognizes this law for what it is — an egregiously unconstitutional attempt to censor the speech and expression of citizens,” Stewart said.
Brian Wright, a spokesman for the Florida governor’s office, called the ruling an overreach by a federal court.
“No one has a constitutional right to perform sexual routines in front of little kids,” Wright said. “We will do everything possible to have this lawless decision overturned.”
Hamburger Mary’s, a restaurant previously located in downtown Orlando that has plans to move to Osceola County, filed the lawsuit in 2023. It regularly hosted drag shows, including family-friendly performances on Sundays that children were invited to attend. The restaurant closed its downtown location last year but plans to reopen in Kissimmee. The restaurant’s owner has said the Florida law violated First Amendment rights by chilling speech.
Championed by Florida's Republican Gov. Ron DeSantis, the law, named the Protection of Children Act, seeks to punish venues for allowing children into what it called “adult live performances.” Though it did not mention drag shows specifically, the sponsor of the legislation said it was aimed at those performances.
Venues that violated the law faced fines and the possibility that their liquor licenses could be suspended or revoked. Individuals could be charged with a misdemeanor crime.